HomeMy WebLinkAbout2011-2271
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RESOLUTION NO. 201 t -~ 2 ~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 2 TO AGREEMENT WITH AECOM
TECHNICAL SERVICES TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES
AND PROJECT MANAGEMENT SERVICES FOR STATE STREET FROM 16TH
STREET TO FOOTHILL BOULEVARD -EXTEND AND CONSTRUCT 4 LANES OF
ROADWAY (1.5 MILES) TO CONNECT STATE STREET TO RANCHO AVENUE
(SSO4-09).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute
Amendment No. 2 to Agreement with AECOM Technical Services to provide Civil Engineering
Design Services and Project Management Services for State Street from 16~' Street to Foothill
Boulevard -Extend and Construct 4 Lanes of Roadway (1.5 miles) to Connect State Street to
Rancho Avenue (SSO4-09), a copy of which is attached as Exhibit A and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. This Amendment shall not take effect until it is fully signed and executed
by the parties, and no party shall be obligated hereunder until the time of such full execution.
No oral contracts, amendments, modifications or waivers are intended or authorized and shall
not be implied from any act or course of conduct of any party.
SECTION 3. The authorization to execute this Agreement is rescinded if the parties to
the Agreement fail to execute it within sixty (60) days of the passage of the Resolution.
///
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2011-227
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 2 TO AGREEMENT WITH AECOM
TECHNICAL SERVICES TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES
AND PROJECT MANAGEMENT SERVICES FOR STATE STREET FROM 16TH
STREET TO FOOTHILL BOULEVARD -EXTEND AND CONSTRUCT 4 LANES OF
ROADWAY (1.5 MILES) TO CONNECT STATE STREET TO RANCHO AVENUE
(SSO4-09).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular meeting thereof,
held on the 1 Sth day of July , 2011, by the following vote, to-wit:
Council Members: AYES
MARQUEZ x
VACANT
BRINKER x
SHORETT x
KELLEY x
JOHNSON
MCCAMMACK
x
NAYS
ABSTAIN
x
ABSENT
Rachel Clazk, City Clerk
The foregoing resolution is hereby approved third/~ day of July , 2011.
Patn orris,
ity o San Bernazdino
Approved as to form:
James F. Penman
2011-227
EXHIBIT "A"
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDMENT is made and entered into this 18th day of July
2011, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "City" and AECOM TECHNICAL SERVICES,
hereinafter referred to as "Consultant."
WITNESSETH:
A. WHEREAS, on July 21, 2008 the Mayor and Common Council adopted
Resolution No. 2008-281 approving an Agreement with LAN Engineering Corporation
(Currently known as AECOM Technical Services) for civil engineering design services
and project management services for State Street from 16th Street to Foothill Boulevard -
extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho
Avenue (SSO4-09) hereinafter referred to as "Project"; and
B. WHEREAS, on August 3, 2009 the Mayor and Common Council adopted
Resolution No. 2009-247 approving Amendment No. 1 to Agreement with LAN
Engineering Corporation (Currently known as AECOM Technical Services) for civil
engineering design services and project management services for State Street from 16th
Street to Foothill Boulevard -extend and construct 4 lanes of roadway (1.5 miles) to connect
State Street to Rancho Avenue (SSO4-09); and
C. WHEREAS, At the request of the City, Consultant has provided a
proposal dated June 14, 2011 to expand the scope of services and requesting additional
compensation to provide additional environmental, investigative and design services; and
D. WHEREAS, staff concurs that the work for which the additional
compensation is requested was not included in the original Agreement for Professional
Services as amended; and
E. WHEREAS, based on the original scope of services as amended, the
expiration date of the Agreement was established July 31, 2010; and
F. WHEREAS, the services of Consultant will be needed past the current
expiration date of the original Agreement as amended.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 "Scope of Services" of said Agreement for Professional Services is
amended to include the following:
• Conduct trapping surveys for the San Bernardino Kangaroo Rat (SBKR) at the
proposed seismic fault lineament trenching locations. An abbreviated Biological
2011-227
Amendment No. 2 to Agreement for Professional Services with AECOM Technical Services.
Assessment (BA) will also be prepared to discuss impacts to SBKR due to the
trenching activities.
• Prepare a Natural Environmental Study -Minimal Impacts (NES-MI) to support a
Categorical Exclusion (CE) to allow the trenching to commence.
• Provide biological monitoring during the trenching activities.
• Trench to investigate the presence of seismic fault lineaments in proximity of the
proposed State Street Bridge. This investigation is required to determine the fault
rupture potential and the seismic design criteria for the bridge.
• Perform geotechnical investigation for the proposed new reinforced concrete box
culvert to the Lytle Creek Channel crossing at Foothill Boulevard and Rancho
Avenue.
• Prepare an Initial Site Assessment (ISA) for hazardous materials.
• Incorporate Caltrans comments into the Traffic Impact Analysis Report and finalize
the report to conform to Caltrans standards.
The "Scope of Services" for the additional work is described in detail in the
attached proposal from Consultant dated June 14, 2011, attached hereto and
incorporated herein as Attachment "A" .
2. Section 5 "Compensation" of said Agreement for Professional Services is amended
to add the following:
A. The City shall compensate the Consultant for actual costs (including labor
costs, employee benefits, overhead, profit, other direct and indirect costs)
incurred by the Consultant in the performance of work authorized by this
Amendment No. 2 in the additional not-to-exceed amount of $291,000.00 as
indicated in the Consultant's Fee Proposal dated June 14, 2011 per Attachment
"B" which is attached hereto and incorporated herein.
B. The total not-to-exceed compensation to date for this Consultant Agreement is as
follows:
-2-
2011-227
Amendment No. 2 to Agreement for Professional Services with AECOM Technical Services.
Descri tion Amount
Ori final Agreement $ 827,385.00
Amendment No. 1 $ 800,000.00
Amendment No. 2 (Proposed) $ 291,000.00
Totals $1,918,385.00
3. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to
extend the term of this Agreement to July 31, 2012, unless terminated sooner as
provided herein.
4. All other terms and conditions of said Agreement for Professional approved by
Resolution No. 2008-281 and Resolution No. 2009-247 shall remain unchanged.
///
///
-3-
2011-227
Amendment No. 2 to Agreement for Professional Services with AECOM Technical Services.
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the date first shown above.
CITY OF AN BERNARDINO
by:
Charles E. McNeely, C'ty anager
AECOM TECHNICAL SERVICES
ig a ure
Print Name/Title
ATTEST:
Rach 1 Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By
///
~~~
-4-
2011-227
ATTACHMENT A
SCOPE OF WORK FOR ADDITIONAL SERVICES
FOR
THE EXTENSION OF STATE STREET
FROM SOUTH OF FOOTHILL BLVD TO 16T" STREET
(Revised 6/14/11)
In accordance with discussions with the City, additional services that are not currently covered under
the existing contract are needed to complete the project. Specific additional services include:
• Conduct trapping surveys for the San Bernardino Kangaroo Rat (SBKR) at the proposed seismic
fault lineament trenching locations. An abbreviated Biological Assessment (BA) will also be
prepared to discuss impacts to SBKR due to the trenching activities.
• Prepare a Natural Environment Study -Minimal Impacts (NES-MI) to support a Categorical
Exclusion (CE) to allow the trenching to commence.
• Provide biological monitoring during the trenching activities.
• Trenching to investigate the presence of seismic fault lineaments in proximity of the proposed
State Street Bridge. This investigation is required to determine the fault rupture potential and
the seismic design criteria for the bridge.
• Geotechnical investigation for the proposed new reinforced concrete box culvert for the Lytle
Creek Channel crossing Foothill Blvd and Rancho Avenue.
• Prepare an Initial Site Assessment (ISA) for hazardous materials.
• Incorporate Caltrans comments into the Traffic Impact Analysis Report and finalize the report to
conform to Caltrans standards.
These tasks are described in detail in the following sections.
Task 1-SBKR Surveys
LSA will conduct small mammal trapping at Trenches 1, 2a, 2b, 3, and 5. Trapping at Trench 4 will not be
conducted because of the lack of suitable SBKR habitat.
LSA will conduct a small mammal trapping survey to determine if San Bernardino kangaroo rat
(Dipodomys merriami parvus; SBKRJ is present on the project site, and will document the survey results
in a technical report that will be suitable for use by the U.S. Fish and Wildlife Service (USFWS) and
California Department of Fish and Game (CDFG). Trapping will be conducted in accordance with
accepted protocol and with State and federal permit requirements by LSA biologists permitted by the
USFWS to capture the SBKR. The survey normally consists of five consecutive nights of trapping;
however inclement weather or night time temperatures below 50 degrees Fahrenheit may prolong the
survey. All captured small mammals will be identified and released unharmed.
To ensure the integrity of the trapping effort and the safety of LSA staff and to ensure that the traps are
secure, security patrol services will be provided at the project site during the non-daylight hours. The
2011-227
ATTACHMENT A
security is being provided because the USFWS is concerned that animals (SBKR) may be harmed or killed
if in a trap if the trap is vandalized or stolen.
Pursuant to the permit requirements, LSA must provide the following information to the USFWS:
• A notification letter identifying the site location and date of the trapping survey at least 10 days
prior to the start of trapping;
• Authorization (or denial) from the property owner for the USFWS to enter the property during
trapping activities;
• Notification within 24 hours of the capture of any threatened or endangered species; and
• A trapping survey report, including a summary of trapping results, within 45 days of completion
of the survey.
After completion of the survey, LSA will prepare and submit a report of the survey results. Copies of the
report will be submitted to the USFWS and CDFG in accordance with permit requirements.
Personnel
LSA biologists Richard Erickson and/or Leo Simone will conduct the trapping, pursuant to LSA's Federal
Fish and Wildlife Permit PRT-777965-9 (April 8, 2008-April 7, 2012) and a California Department of Fish
and Game attachment to Scientific Collecting Permit SC-000777 providing Conditions for Research on
Listed Mammals and Mammal Species of Special Concern (September 30, 2009-April 30, 2012).
Task 2 -Abbreviated Biological Assessment (BA)
Afield meeting on the project site was conducted on March 9, 2011 with Felicia Sirchia, US Fish and
Wildlife Service (FWS) Biologist, and representatives from the City, Caltrans, LSA, and AECOM to discuss
biological issues and determine the next steps in the need to trap for SBKR for the geotechnical
trenching. It was determined in that meeting that the FWS would accept and abbreviated BA discussing
the impacts both direct and indirect to the SBKR for the trenching activities. FWS felt that an
abbreviated BA was appropriate for the geotechnical trenching and boring activities because of the
short term nature of the activities as long as the area is returned to its original condition.
LSA will prepare an abbreviated BA in accordance with the latest FWS protocol. The BA will be submitted
to FWS through Caltrans in accordance to the federal protocol for agency to agency coordination.
Deliverables
LSA will prepare and distribute up to five copies of the abbreviated BA for each review cycle and will
respond to comments and update the BA as needed for completion of each cycle. Only two revision
cycles are anticipated through Caltrans and FWS.
2011-227
ATTACHMENT A
Task 3 -Natural Environment Study-Minimal Impacts Report (NES-MI)
LSA has already conducted literature review and field survey for NES-MI for the proposed project in
2010. A LSA Biologist will revisit the boring and trenching locations to document current site conditions.
A brief NES-MI report will be prepared to discuss existing conditions and to discuss avoidance and
minimization measures, if required.
LSA will prepare an NES-MI that will include a description of the field methods used and the results of
the biological assessment of the project area. The report will include a list of plant and animal species
present within the project area and a general description of the plant communities occurring on site. If
any sensitive resources are found on site, LSA will prepare and include in the NES-MI a graphic displaying
the location of the sensitive plant communities, potential wetlands/jurisdictional waters of the U.S. on
site, and any sensitive biological resources observed. A table describing sensitive species that are
present or potentially present will be provided. The report will also identify and assess project impacts
on existing biological resources, including any sensitive species. Pursuant to Caltrans Guidance for
Consultants, recommendations for mitigation measures will be included in the memo transmitting the
NES-MI document. These mitigation measures may be conceptual (i.e., specific restoration plans are not
included in this scope).
Deliverables
LSA will prepare and distribute up to five copies of the NES-MI for each review cycle and will respond to
comments and update the NES-MI as needed for completion of each cycle. Only two revision cycles are
anticipated through Caltrans.
Task 4 -Biological Monitoring During Geotechnical Trenching Activities
LSA biologist will conduct on-site biological monitoring during the geotechnical trenching and boring
activities. Since the BA is not written and measures that may result for the BA are unknown
assumptions have been made for the cost. The fee proposal is based on a daily cost of $1,450.00 which
includes staff time and mileage.
Task 5 -Trenching for Seismic Fault Investigation
This proposal is based on the draft Fault Rupture Potential Study performed for the proposed State
Street Bridge (Report) dated December 22, 2009 by Mr. Bruce Schell, Certified Engineering Geologist
(CEG). Based on the Report, we understand that the proposed project is located within the active San
Jacinto fault zone and trenching was recommended in the Report to evaluate the potential of faults
crossing the proposed bridge location. If one or more fault(s) cross the proposed bridge location, we
should be able to estimate the amount of deformation from the fault(s), so that the bridge could be
designed accordingly.
2011-227
ATTACHMENT A
The initially proposed trench locations are provided on Figure 1 and are numbered in accordance with
preference. Ideally, only Trench 1 would be necessary for a fault rupture investigation. However, if the
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Figure 1-Proposed Trench Locations
2011-227
ATTACHMENT A
Trench 1 location is not suitable, then the location of Trench 2 would be evaluated for suitability and so
forth. The proposed trench locations may have been affected by previous quarry activities, the
construction of the existing spillway, or other past activities. We will review additional aerial
photographs to evaluate whether there are obvious impacts that may impact the proposed trench
locations. The aerial photographs are typically performed once per decade or less, so abilities to
evaluate effects will be limited.
Once the trench excavation equipment is mobilized to the site, we will perform the following activities:
Stage 1- Excavate a localized area (pothole) with an excavator to evaluate the suitability of the
trench location for evaluating the potential for faulting.
Stage 2 - If the pothole provides useful information the trenching will be continued at this location.
If not, the trench investigation will proceed to the next trench location and will start with Stage 1.
Stage 3 -Continue excavating the trench. Map fault traces, if and when they are observed.
Stage 4 -Take sample in identified fault zones for potential carbon dating.
Stage 5 - Backfill trench with excavated spoils compacted to 90 percent relative compaction the
upper 4 feet of backfill.
The intent is to excavate one trench, but there may be unforeseen obstructions that would limit the
value of excavating at one location. The actual investigation may consist of potions of several of the
proposed trench locations, in order to provide sufficient information to evaluate the impacts of existing
faults.
The trenching will be performed using an excavator to dig and using afront-end loader to move the
spoils away from the trench (for safety). Diaz-Yourman & Associates' (DYA) geologist will be onsite
during excavation of the trench and perform the mapping of potential faults if encountered. The trench
logging will be reviewed by Mr. Bruce Schell, C.E.G. DYA's field technician will be on site during trench
backfilling to test that the fill in the upper 4 feet is compacted to a minimum of 90 percent relative
compaction.
Task 6 - Geotechnical Investigation for Lytle Creek Box Culvert
A previous geotechnical investigation was performed for the subject project by Earth Mechanics, Inc.
(EMI) in 1997. Only the log of test borings (LOTB) was available at the time this proposal. The scope of
the investigation performed by EMI is currently not known. The project lies within the northwest-
southeast trending California Alquist-Priolo Special Studies San Jacinto fault zone. When a site lies within
an Alquist-Priolo Earthquake Fault Zone, a site specific geologic investigation is required. We propose to
perform the geologic investigation in a phased approach. After completion of the first phase and if fault
rupture or additional investigations are required, a scope of work and resulting budget will be prepared
for the second and possible subsequent phases. A complete geologic investigation is not included in this
proposal at this time for the Lytle Creek Box Culvert.
2011-227
ATTACHMENT A
Task 7 -Initial Site Assessment (ISA)
Diaz-Yourman & Associates (DYA) will provide an ISA to check for historical evidence of potential site
contamination that may impact construction. The purpose of DYA's services will be to comply with the
hazardous waste section of the California Environmental Quality Act (CEQA) or National Environmental
Policy Act (NEPA). The ISA will be performed in general accordance with ASTM Designation E 1527,
Standard Practice for Environmental Project Site Assessments: Phase I Environmental Property
Assessment Process. This ISA is not intended to characterize all possible contamination within the
project right-of-way, and is limited to possible earth excavation planned for the subject project. Our
scope of services will consist of the following:
• Conducting a review of available existing local, state, and federal-maintained databases of
hazardous materials sites and underground storage tank records.
• Reviewing available historical aerial photographs and Sanborn Fire Insurance maps (may be
substituted or augmented with historical topographic maps) to help identify prior land uses.
• Performing a brief field survey to help assess current conditions.
• Conducting a limited review of selected agency files. It is assumed that two sites may require
agency record review. It can take 6 to 8 weeks to obtain files to review after the site visit is
completed.
• Identifying potential sites of concern and recommend further investigation, if revealed by the
assessment.
• Preparing a report summarizing findings.
Task 8 -Traffic Impact Analysis Report
Kunzman Associates, Inc. will provide professional engineering services for revisions to the State Street
Extension Traffic Impact Analysis prepared by Kunzman Associates, Inc. (March 30, 2009). Comments
were received from the California Department of Transportation in a letter dated February 24, 2011.
The revised traffic impact analysis will consist of preparing an objective report suitable for submission to
the reviewing agency. The report will be prepared in accordance with accepted professional
transportation engineering standards. The final illustrated report will summarize the revised traffic
impact analysis findings, methodology, and supportive data. It will quantify existing traffic conditions,
traffic conditions upon project completion, and recommend mitigation measures.
Specifically, the revised traffic impact analysis will consist of (1) interfacing via teleconference with the
project applicant/project team; (2) conducting a field survey; (3) documenting existing traffic conditions;
(4) utilizing the East Valley Traffic Model to analyze Opening Year traffic conditions; (5) including the
East Valley Traffic Model plots in the appendices; (6) analyzing the traffic signals using a Synchro
analysis; (7) providing the traffic signal warrants for the proposed traffic signals; (8) performing a queue
2011-227
ATTACHMENT A
analysis at the intersection of Foothill Boulevard (5th Street)/State Street; and (9) preparing a written
report.
Responses to Comments
Review one set of governmental agency comments, whether verbal or written, and revise draft traffic
impact analysis (if necessary).
Meeting Attendance
The proposed fee does not include attendance at public hearings/meetings, which may be required to
secure approval of the project. If these are required and requested, attendance at follow-up meetings or
hearings will be billed on atime-and-material basis.
Copies of Report
Four copies (three bound and one PDF for the client's use) of the revised traffic impact analysis will be
prepared and submitted to the client.
2011-227 ATTACHMENT "B"
CITY OF SAN BERNARDINO
CCO # 2 ADDITIONAL DESIGN SERVICES FOR
STATE STREET -16th STREET TO FOOTHILL BLVD
FEE PROPOSAL i
June 14, 2011
901 Via Piemonte, 5th Floor
Ontario, CA 91764
(909) 579-3050
2011-227 ATTACHMENT "B"
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2011-227
CITY OF SAN BERNARDINO
CCO # 2 ADDITIONAL DESIGN SERVICES FOR
STATE STREET -16th STREET TO FOOTHIL L BLVD
DIRECT LABOR
Classification Name Hours Hourly Rate Total
Project Manager Mohan Char /Edward Ng 146 @ $170.00 $ 24,820.00
Sr. Project Engineer Robert Price /Todd Dudley 40 @ $160.00 $ 6,400.00
Project Engineer Dong Kim / Ahila Sivathasan 152 @ $115.00 $ 17,480.00
Associate Engineer 0 @ $95.00 $ 0.00
Assistant Engineer 0 @ $70.00 $ 0.00
Sr. CAD 0 @ $95.00 $ 0.00
Clerical/Administrative 112 @ $75.00 $ 8,400.00
Environmental Manager Alicia Colburn 200 @ $115.00 $ 23,000.00
Environmental VA 0 @ $170.00 $ 0.00
OTHER COSTS
Copying /Binding $ 0.00
Plotting $ 0.00
Express Mail $ 0.00
Mileage $ 2,500.00
Potholing $ 0.00
DIRECT LABOR
Classification Name Hours Hourly Rate Total
Project Manager Mohan Char /Edward Ng 0 @ $170.00 $ 0.00
Sr. Project Engineer Robert Price /Todd Dudley 0 @ $160.00 $ 0.00
Project Engineer Dong Kim / Ahila Sivathasan 0 @ $1 15.00 $ 0.00
Associate Engineer 0 @ $95.00 $ 0.00
Assistant Engineer 0 @ $70.00 $ 0.00
Sr. CAD 0 @ $95.00 $ 0.00
Clerical/Administrative 0 @ $75.00 $ 0.00
Environmental Manager Alicia Colburn 0 @ $115.00 $ 0.00
Environmental VA 0 @ $170.00 $ 0.00
Date: June 14, 2011
2011-227
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2011-227 ATTACHMENT "B"
CITY OF SAN BERNARDINO
CCO # 2 ADDITIONAL DESIGN SERVICES FOR
STATE STREET -16th STREET TO FOOTHILL BLVD
NS I TOTAL
ng /Binding
Plotting
Express Mail
Security Patrol Services during SBKR Trapping $2,500.00
Biological Monitoring during Trenching (LSA) @ $1,450 per day and 10 days $14,500.00
Date: 6/14/2011